38-1a-209. Abuse of registry -- Penalty.
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38-1a-209. Abuse of registry -- Penalty.
(1)As used in this section, "third party" means an owner, an original contractor, a subcontractor, or any interested party.
(2)A person abuses the registry if that person files a notice in the registry:
(a)without a good faith basis for doing so;
(b)with the intent to exact more than is due from the owner or any other interested party; or
(c)to procure an unjustified advantage or benefit.
(3)A person who abuses the registry as described in Subsection
(2)is liable to a third party who is affected by the notice for twice the amount of the actual damages incurred by the third party or $2,000, whichever is greater.
Renumbered and Amended by Chapter 278 , 2012 General Session